WONG YANG SUNG v. CLARK

UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

July 28, 1948

WONG YANG SUNG
v.
CLARK, Atty. Gen., et al.

The opinion of the court was delivered by: HOLTZOFF

This is a writ of habeas corpus to review an order of deportation. The petitioner whose deportation has been ordered by the Attorney General of the United States pursuant to the provisions of the Immigration Laws, contends that the proceeding was not conducted in accordance with the provisions of the Administrative Procedure Act, 5 U.S.C.A. § 1001 et seq.

Section 7 of the Administrative Procedure Act, U.S.C.A. Title 5, § 1006, on which the petitioner relies, requires statutory hearings to be conducted before an examiner appointed pursuant to the provisions of the Act. The hearing in this case, as is customary in all deportation proceedings, was conducted by an Inspector or Board of Inspectors of the Immigration and Naturalization Service. If the requirements of the Administrative Procedure Act are applicable, the hearing was not properly conducted.

The Court feels, however, that this requirement of the Administrative Procedure Act does not apply to hearings under the Immigration Laws, in the light of the following provision of Subsection (a) of Section 7 of the Administrative Procedure Act: 'Nothing in this chapter shall be deemed to supersede the conduct of specified classes of proceedings in whole or part by or before boards or other officers specially provided for by or designated pursuant to statute.'

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